S.Sivagami v. The Agricultural Production Commissioner And Principal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.11.2020

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN S.Sivagami ... Petitioner Vs.

1.The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Secretariat, Chennai-600 009 2.The Director of Agriculture, Chepauk, Chennai- 600 005 3.The Deputy Director of Agriculture (Agri Business), Regulated Market Complex, Nanjikottai Post, Thanjavur-613 006.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent i.e., the Agricultural Production Commissioner and Principal Secretary to Government, Chennai, to pass appropriate orders on the appeal dated 27.06.2019 preferred by the petitioner regarding inclusion of her name in the approved list of Assistant Director of Agriculture (chemist Wing) for the year 2018-19 within a specified time.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.A.Thiyagarajan Additional Government Pleader

O R D E R

The Writ Petition is filed seeking a direction to the first respondent to pass appropriate orders on the appeal dated 27.06.2019 preferred by the petitioner regarding inclusion of her name in the approved list of Assistant Director of Agriculture (chemist Wing) for the year 2018-19, within a specified time.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate, who takes notice for the respondents.

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3. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

4. The case of the petitioner is that she was recruited through TNPSC and joined duty as Agricultural Officer (Agri Business) and for the past 14 years she has been continuing as Agricultural Officer without any promotion. The petitioner's name should have been included in the approved list of Assistant Director of Agriculture (chemist wing) of the year 2018-19, but her name was not included on the ground that a criminal case was registered against the petitioner in Crime No.6 of 2016 on the file of the Thanjavur Vigilance and Anti-Corruption Wing. In the crucial date, there was no charge against the petitioner and the crime was filed only after five months from the crucial date. In this regard, the petitioner filed an appeal before the first respondent on 27.06.2019 and the said appeal is pending with the first respondent till date. Since the appeal has not been considered so far, the present Writ Petition is filed before this Court.

5. The learned Government Advocate appearing for the respondents submitted that the appeal filed by the petitioner, dated 27.06.2019, would be considered on merits and in accordance with law, within a time frame as fixed by this Court.

6. Considering the nature of the relief as sought for by the petitioner, without going into the merits of the case, the first respondent is directed to dispose of the appeal filed by the petitioner on 27.06.2019 and pass appropriate orders on merits and in accordance with law, if not disposed of earlier, after affording an opportunity of hearing to the petitioner within a period of eight weeks from the date of receipt of a copy of this order.

7. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

ls/pm To 1.The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Secretariat, Chennai-009 2.The Director of Agriculture, Chepauk, Chennai- 600 005 3.The Deputy Director of Agriculture (Agri Business), Regulated Market Complex, Nanjikottai Post, Thanjavur-613 006.

+1 CC to SGP ( SR-21924[F] dated 11/11/2020 ) 10.11.2020 CK(CO) KM (23.11.2020) 3P 5C 3/3